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HomeMy WebLinkAboutSection 23 SECTION 23 Local Law _Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET,ALBANY.NY 12231 (Use this form to file a local law with the Secretary of State.) Test of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indica:e new matter. 500 of Newfield r-Towli , 11441491 Local Law No. of the year 19 98 A local law regulating the location and maintenance of communications u�•�rd.r facilities within the Town of Newfield. Be it enacted by the Town Board of the rva.,,a,ri.raM.Bay) ' of Newfield (Town-. as follows: ge • SECTION 1: INTENT The Town of Newfield recognizes the increased demand for wireless communication transmitting facilities, and other similar technologies and the need for the services they provide. Often, these facilities require the construction of a communications tower and/or nilar facilities. The intent of this Local Lary is to protect the residents of the Town's interest in requiring the shared use of tower space and the placement of antennas on ersting sructures, when available and when feasible, and to reduce the number of tower placements in the future. It is the intent of the Town to protect the interests of the residents in properly sting towers and/or similar facilities in a manner consistent with sound land use planning and to regulate communications facilities in accordance with the guidelines cf the Telecommunications Act of 1996 by: A. Accommodating the need for telecommunication towers/antennas and other similar technologies while regulating their location, height and number in the community. B. Minimizing adverse visual impacts of these towers/antenna through proper design, siting and screening. C. Preserving and enhancing the positive aesthetic qualities of the built and natural environment in the Town of Newfield. (If additional space Is needed, attach pages rlthle same size as this sheet,and number each.) DOS-_ (Rev.9 c NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET,ALBANY,NY 12231 Town of Newfield, Local Law No. 4, 1998 Page 2 D. Avoiding potential damage to adjacent properties from tower failure, falling ice and other falling debris, through engineering and proper siting. E. No new tower or structure may be established if there is space available on an existing tower or structure, if the existing tower or structure can structurally hold additional antenna array,if there is no interference with the placement of antennas and if the space on the existing tower or structure is available. F. Maximizing use of any new or existing Town approved communications tower to reduce the number of towers needed. G. Maximizing the need for the health, safety and general welfare of the citizens of the Town of Newfield, to the extent possible. SECTION 2: DEFINITIONS The terms listed below shall have the following definitions: A. TELECOMMUNICATIONS FACILITY(OR, FACILITIES)AND OTHER RELATED TECHNOLOGIES: Towers,similar technologies and/or antennas and/or microwave dishes and accessory structures together used in connection with the provisions of cellular telephone service, personal communications services, digital and/or data communication services, page services, radio and television broadcast services and similar broadcast services. B. TOWER: A structure designed to support antennas. It includes without limit, freestanding towers, guided towers, monopoles and similar structures. C. ANTENNA: A system of electrical conductors that transmit and/or receive frequency signals. Such signals shall include but not be limited to radio,television, cellular, paging, personal communication services (PCS)and microwave communications. D. ACCESSORY STRUCTURE: A non-habitable accessory building or structure serving or being used in conjunction with a communications tower and/or similar structure and usually located on the same lot as the communications tower. Examples of such structures include utility or transmission equipment storage sheds or cabinets. E. GUIDE TOWER: A communications tower that is supported, whole or in part, by guy wires and ground anchors. NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET,ALBANY,NY 12231 Town of Newfield, Local Law No. 4, 1998 Page 3 F. MONOPOLE TOWER: A communications tower consisting of a single pole, constructed without guy wires and ground anchors. G. SELF-SUPPORTING TOWER: A communications tower that is constructed without guy wires and ground anchors. H. FALL DOWN ZONE: The radius around a Tower within which all portions of the Tower and antenna would fall in the event of a structural failure of the Tower and/or its mounting/anchoring systems. I. CO-LOCATED ANTENNAS: Telecommunications Facilities that utilize existing Towers, buildings or other structures for placement of Antennas and do not require construction of a new Tower. SECTION 3: WHERE PERMITTED A. No Communications Tower and/or similar facilities shall be sited, located, constructed, erected or modified without the issuance of a building permit and such other permits or approvals as are prescribed in this law. Procedures in Section 9 of this Local Law must be followed. B. CO-LOCATED/EXISTING STRUCTURE ANTENNAS: An antenna that is to be attached to an existing communications tower which was approved by the Town of Newfield, smoke stack, water tower, or other structure is permitted. The antenna is permitted upon the approval of a Special Tower Use Permit by the Town Board. C. NONE-CO-LOCATED/NEW STRUCTURE ANTENNAS OR UNAPPROVED EXISTING TOWERS: An antenna that will not be mounted on an existing structure as defined above, or is more than 50 feet higher than the existing structure on which it is mounted or is proposed for an unapproved existing structure is permitted upon approval after a public hearing by Town Board only after site review by the code enforcement official. The height restriction may be waived by the Town Board upon proof by the applicant that valid, substantiated technological reasons exist for the increase in height. If the structure has not been approved then the first step will be for the structure to comply with all building and code laws and to demonstrate compliance by review of the code enforcement official. D. The tower must be set back a minimum of the height of the tower from all property lines, and any existing building. This may be waived by the Town Board upon good cause shown. NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET,ALBANY,NY 12231 Town of Newfield, Local Law No. 4, 1998 Page 4 E. The SEQRA review process for all municipal owned property with the exception of property within a park or recreational area, shall be governed by the facts and situation of the proposed action. If it is an unlisted action, a coordinated review is required. With a park, recreational, or historic area, the SEQRA shall be treated as if it is a Type I review. SECTION 4: TOWER SPECIAL USE PERMITS APPLICATION MATERIALS A. All applicants for a Tower Special Use permit shall make written application to the code enforcement official. This application must include the following: 1) Town supplied Tower Special Use Permit Application Form. 2) Proof of notification(certified mail-return receipts to be given to the Town by the applicant)of all property owners within 500 feet of the boundaries of the property that the tower is to be constructed. As well as notification of the surrounding communications tower owners to explore co location. 3) Appropriate Fee as the Town Board from time to time sets. 4) Site Plan Application Forms provided by the Town, including Long Form EAF. 5) A Site Plan prepared to scale and in sufficient detail and accuracy showing at a minimum the following: (i) The exact location of the proposed tower,together with guy wires and guide anchors, if applicable. (ii) The maximum height of the proposed tower. (iii) A detail of Tower type(Monopole, Guide, Freestanding, or other) along with the maximum wind load area in square feet, at the maximum wind speed in miles per hour, of the tower, as published by its manufacturer. (iv) The color or colors of the tower. NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET,ALBANY,NY 12231 Town of Newfield, Local Law No. 4, 1998 Page 5 (v) Proof of landowner's consent if the applicant will not own the property. (A copy of the complete lease agreement must also be provided if the applicant will not own the property). (vi) The location of all structures on the property and all structures on any adjacent property within five hundred(500)feet of the property lines, together with the distance of these structures to the tower. (vii) Communications towers or similar structures shall not encroach into or through any established, public or private airport approach path, as established by the Federal Aviation Administration(FAA). Each applicant to construct or alter a communications tower shall include proof of application for approval from the FAA and shall be submitted with each application. Based upon the location or height of the proposed tower, the Town may require a statement of no objection from all surrounding airports,public or private. A building permit shall not be issued until FAA approval is obtained. Any approval a Tower Special Use Permit,for a proposed new Tower or similar technology,shall be conditioned upon FAA approval and any conditions set by the FAA and the Town. Applicant must supply copies of all forms submitted to FAA including Form 7460-1. (viii) The names and addresses of adjacent landowners as supplied by the Town upon the request of the applicant. (ix) The location, nature and extent of any proposed fencing and landscaping or screening. (x) The location and nature of proposed utility easements and access road, if applicable. All towers shall have an access road suitable for emergency vehicles to utilize in the event of an emergency. Further, each tower shall have a fire hydrant within sufficient distance to service the tower and accessory buildings. A fire suppression system may be required, if it is necessary to protect the surrounding area and/or neighborhood form damage and/or injury. NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET,ALBANY,NY 12231 Town of Newfield, Local Law No. 4, 1998 Page 6 (xi) Buildings elevations of accessory structures or immediately adjacent structures and/or buildings. (xii) Adequate Inventory report specifying existing communication facility sites and structures of height exceeding seventy-five percent of the height of the proposed tower within a five(5) mile radius from the proposed site. The inventory report shall contain an evaluation of opportunities for shared use as an alternative to proposed location. (a) The applicant must demonstrate that the proposed Telecommunication Facility or similar facility cannot be accommodated on existing Telecommunication Facility sties in the inventory due to one (1)or more of the following reasons: 1) The planned equipment would exceed the structural capacity of existing and approved telecommunication facilities or other structure, considering existing and planned use for those facilities; 2) The planned equipment would cause radio frequency interference with other existing or planned equipment,which cannot be reasonably prevented; 3) Existing or approved telecommunication facilities or other structures do not have space on which proposed equipment can be placed so it can function effectively and reasonably; 4) Other valid and substantiated technical reasons make it impracticable to place the equipment proposed by the applicant on existing facilities or structures; 5) The property owner or owner of the existing tower or other structure refuses to allow such co- location. NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET,ALBANY,NY 12231 Town of Newfield, Local Law No. 4, 1998 Page 7 (xiii) A report prepared by a New York State Licensed Professional Engineer, which describes the height and design, including a cross section of the structure; demonstrates the tower's compliance with applicable structural standards; and describes the tower's capacity, including examples of the number,type and location by height on Tower of antennas it may accommodate. In the case of an antenna mounted on an existing structure, the report shall indicate the existing structure's suitability to accept the antenna, and proposed method of affixing the antenna to the structure. Complete details of all tower, fixtures and couplings, and the point of attachment shall be indicated on a design plan. (xiv) Visual Impact analysis shall be prepared by a landscape architect registered in New York State. The Town, at the expense of the applicant, may employ consulting assistance to review the findings and conclusions of the visual impact analysis as well as any other expert necessary to process the application. (xv) Copies of all leases to each company planned to be co-located. (xvi) The applicant shall provide to the Town a simulated picture and/or drawing of what the proposed tower or similar structure will look like to the surrounding area. 6) "Before" and "after"propagation studies prepared by a qualified Radio Frequency Engineer, demonstrating existing signal coverage, contrasted with the proposed signal coverage resulting from the proposed Telecommunications Facility. Further,Radio Frequency Engineer must certify that the cumulative emissions from all antennae proposed to be located at the proposed site meet federal guidelines. 7) A "search ring" prepared by a qualified Radio Frequency Engineer and overlaid on an appropriate background map demonstrating the area within which the Telecommunications Facility needs to be located in order to provide proper signal strength and coverage to the target cell. The applicant must be prepared to explain to the Town Board why it NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET,ALBANY,NY 12231 Town of Newfield, Local Law No. 4, 1998 Page 8 selected the proposed site, discuss the availability(or lack of availability)of a suitable structure within the search ring which would have allowed for a Co-located Antenna(e), and to what extent the applicant explored locating the proposed tower in a more intensive use district. Correspondence with other telecommunications companies concerning Co-location is part of this requirement. 8) The Town upon reviewing the application, may request reasonable additional visual and aesthetic information as it deems appropriate on a case-by-case basis. Such additional information may include, among other things, enhanced landscaping plans, line-of-sight drawings, and/or visual simulations from viewpoints selected by the Town Board. 9) In historic areas and important preservation/conservation areas,including parks and recreational areas, the Town will require additional site plan review and Tower Special Use Permits. These requirements can include,but are not limited to, specially designed towers, additional screening,greater setbacks and improved landscaping. These areas for siting should be avoided to the maximum extent possible. 10) The Town shall look at the surrounding use of properties. 11) The proposed locations and number of towers and/or antennas proposed for each company within the boundaries of the Town. 12) Explanation through documentation of and/or testing of what the proposed coverage area is,indicating receiving distances and sending distances from each tower. Also indicating where new towers are being proposed. 13) Locations of towers within five (5)miles. 14) Written projected need for additional towers in the town within the next five (5)years. NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET,ALBANY,NY 12231 Town of Newfield, Local Law No. 4, 1998 Page 9 15) Copies of all documents submitted to the FCC or any other governmental agency having jurisdiction. SECTION 5: COMMUNICATIONS FACILITY STANDARDS The following criteria will be considered by the Town prior to the approval/denial of a request for a Special Tower Use Permit, the criteria listed may be used as a basis to impose reasonable conditions on the applicant. A. Sitting Preferences - the Town may express a preference that the proposed Telecommunications Facility and/or similar facility or technology be located in an alternate technologically feasible and available location or multiple locations. A guideline for the Town's preference, from most favorable to least favorable property,is as follows: 1) Property with an existing structure suitable for co-location. 2) a) Town of Newfield owned property; b) Any other municipal or government owned property. 3) Privately owned property. Any request by the Town for information on a preferred alternate site shall not unreasonably delay the application. B. Aesthetics - Telecommunications Facilities or similar structures shall be located and buffered to the maximum extent which is practical and technologically feasible to help, ensure compatibility with surrounding land uses. In order to minimize any adverse aesthetic effect on neighboring residences to the extent possible, the Town Board may impose reasonable conditions on the applicant, including the following: 1) The Town may require a monopole or guide Tower(if sufficient land is available to the applicant)instead of a freestanding Tower. 2) The Town requires reasonable landscaping consisting of trees or shrubs to screen the base of the Tower and/or to screen the Tower to the extent possible from adjacent residential property. Existing on-site trees and vegetation shall be preserved to the maximum extent possible. NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET,ALBANY,NY 12231 Town of Newfield, Local Law No. 4, 1998 Page 10 3) The Town may request additional site plan requirements such as specially designed towers, additional screening,greater setbacks, and improved landscaping address aesthetic concerns. 4) The Town may require the applicant to show that he has made good faith efforts to co-locate on existing towers or tower available and appropriate structures and/or to construct new towers near existing towers in an effort to consolidate visual disturbances. However, such request shall not unreasonably delay the application. 5) Towers should be designed and sited so as to avoid or mitigate, whenever possible application of FAA lighting and painting requirements. Towers shall not be artificially lighted except as required by the FAA. Towers shall be galvanized finish or painted to be aesthetically pleasing and less disturbing to the surrounding area. Any lights which may be required by FAA shall not consist of strobe lights, unless specifically mandated by FAA. 6) No tower shall contain any signs or advertising devices. A small sign on the fencing shall be placed to identify the ownership of the facility and a telephone number for emergencies. 7) The applicant must submit a copy of its policy regarding co-location on the proposed tower with other potential future applicants. Such policy should allow co-location under the following conditions (i)the new antennas and equipment do not exceed structural loading requirements,interfere with Town space used or to be used by the applicant nor pose any technical or radio frequency interference with existing equipment, (ii)the party desiring to co-locate pays the applicant an appropriate and reasonable sum to co-locate, and(iii)the party desiring to co-locate has a similar policy of co-location for the applicant. 8) The Town may require a fall zone surrounding any support towers to be equal to the height of the structure and any antennas attached thereto. The Town Board may shorten the fall zone based upon the type of tower and certified technological data supplied by the applicant. The entire fall zone may not include public roads and must be located on property either owned or leased by the applicant or for which the applicant has obtained an easement, nor can this land NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET,ALBANY,NY 12231 Town of Newfield, Local Law No. 4, 1998 Page 11 contain any structure other than those associated with the Telecommunications Facilities, except as further allowed in this paragraph, and may not be located within any set back area established by this Local Law. If the facility is attached to an existing structure, fall zone requirements may be modified by specific permission of the Town Board. C. Radio-Frequency Effect-The Town Board may impose a condition to the applicant that the communication antennas be operated only at Federal Communications Commission (FCC) designated frequencies and power levels and/or Environmental Protection Agency(EPA) technical exposure limits, and that the applicant provide competent documentation to support that maximum allowable frequencies,power levels and exposure limits for radiation will not be exceeded. D. Traffic,Access and Safety 1) A road, turnaround and one parking space shall be provided to assure adequate emergency and Service Access such that service vehicles will not have to back out onto a public thoroughfare. Maximum use of existing roads, public or private, shall be made. The use of public roadways or road right of ways for the siting of a tower or antenna or accessory structures is strictly prohibited. The applicant must also comply with the requirements of Town Law §280-a. 2) All towers and guide anchors,if applicable, shall be enclosed by a fence not less than eight(8)feet in height or otherwise sufficiently protected from trespassing or vandalism. 3) The applicant must comply with all applicable State and Federal regulations including but not limited to FAA and FCC regulations. 4) Motion-activated or staff-activated security lighting around the base of the tower or accessory structure entrance may be provided if such lighting does not project off the site. Such lighting should only occur when the area within the fenced perimeters has been entered. 5) There shall be no permanent steps or climbing pegs within twenty(20) feet of the ground of any proposed tower even if surrounded by a fence. NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET,ALBANY,NY 12231 Town of Newfield, Local Law No. 4, 1998 Page 12 E. Removal of Tower- The applicant shall sign an agreement in writing to remove the Tower within six(6)months if the Telecommunications Facility becomes obsolete or ceases to be used for its intended si for f ose ur six p x(6)consecutive months. The applicant shall be required to notify the Town Board of their cessation of use of the tower within the six(6)month period and indicate that they will not be using the tower. The Town Board shall require the applicant to provide a demolition bond for the removal of the Telecommunications Facility in the event the applicant fails to remove it as required above. The Town must receive the demolition bond listing the Town as assignee prior to any building permit being granted. The sufficiency of the demolition bond shall be examined at least every five(5)years and at the time of renewal and/or modifying the special use permit. The Town does have the option of negotiating with the company and to acquire the Tower rather than having it demolished. F. Structural Safety- During the application process and every other year after construction of the tower, the applicant/owner shall provide a certification from a qualified professional engineer registered in the State of New York, certifying that the tower meets applicable structural safety standards. This certification must be filed in the Town Clerk's Office every other er y ear. If no certification is filed at the appropriate time, then the tower is deemed abandoned. G. Maintenance of Telecommunications Facility-All Telecommunications Facilities shall be maintained in good order and repair. This shall be the sole responsibility of the applicant. H. The Town Board may require that towers and antenna(s)be set back a sufficient distance from adjacent property lines and/or structures to safeguard the general public and/or adjacent property from damage in the event of tower failure or falling debris such as ice. It is presumed that the Fall Down Zone should be equal to the height of the tower and any antennas attached to the tower, from any adjacent property line, but the Town Board may waive any portion of this upon a showing of technical data that a different fall Down Zone upon receipt of information from the applicant which demonstrates the safety of the general public or adjacent property is protected. I. The size of a leased or owned lot shall be, at a minimum,sufficiently large to include the entire fall zone. A lot leased or owned for the purpose of construction of a tower as part of Telecommunications Facility or related technology shall not result in the creation of a nonconforming lot. NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET,ALBANY,NY 12231 Town of Newfield, Local Law No. 4, 1998 Page 13 J. The Town, at the expense of the applicant, may employ its own consulting assistance to review the findings and conclusions of the applicant. SECTION 6: EXEMPTIONS A. Tower and antennas may be repaired and maintained without restriction. B. Antennas used solely for residential household television and radio reception. C. Satellite antennas measuring 2 meters or less in diameter and satellite antennas 1 meter or less in diameter. SECTION 7: MISCELLANEOUS A. The Town Board may waive or vary any requirements in this Local Law for good cause shown. B. Any facilities receiving a Special Tower Use Permit, that subsequently does not meet the requirements of that permit, shall have its permit revoked, and the Tower shall be removed at the expense of the applicant with ninety(90) days following written notification to the applicant by the Town. C. In addition to the delivery of the fee for the Special Use Permit, the applicant shall deliver with its application an amount equal to two percent(2%)of the estimated cost of the project. This sum shall be held by the Town in a non-interest bearing amount, and these funds shall be available to the Town to pay consultants engaged by the Town to assist in review of the application. Following grant or denial of the application, the Town shall return to the applicant any excess remaining in escrow. If the escrow account has been depleted prior to grant or denial of the application, the applicant shall deposit such funds as are then necessary for the Town to pay its consultants to complete its review. D. Prior to the granting of an application, the applicant shall deliver proof of purchase of comprehensive public liability insurance insuring against liability for injury to persons or property occurring in or about the proposed site or arising out of the ownership, maintenance, or use of the proposed tower at an amount established by the Town Board. The upkeep of this insurance shall be a requirement for the applicant to maintain the Special Use Permit. NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET,ALBANY,NY 12231 Town of Newfield, Local Law No. 4, 1998 Page 14 SECTION 8: GUIDELINES All applications for a new tower or to place a new antenna on an existing structure will be subject to the following guidelines: 1. Non-ionizing Electromagnetic Radiation Standards(NIER) (i) A new source of NIER or increase in NIER from an existing source, when combined with existing sources of NIER, shall not expose the general public to ambient radiation exceeding that defined by the federal government from time to time, provided,however, that if a federal or local standard is adopted that is more stringent than the presently defined standard that such more stringent standard shall apply. 2. No special use permit or renewal thereof or modification of the conditions of a current Special Use Towers Permit relating to Telecommunications Facility shall be authorized by the Town unless it finds that such Telecommunications Facility: (i) is necessary to meet current or expected demands for the services supported by the telecommunication facility for that applicant's network; (ii) conforms with all applicable regulations promulgated by the Federal Communications Commission; (iii) is designed and constructed in a manner which minimizes its visual impact to the extent practical; (iv) complies with all other requirements of this Local Law; (v) is the most appropriate site within the technically feasible area for the location of the Telecommunication Facility. NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET,ALBANY,NY 12231 Town of Newfield, Local Law No. 4, 1998 Page 15 SECTION 9: PROCEDURES 1. PROCEDURES FOR A MUNICIPALLY OWNED PARCEL OF LAND, EXCLUDING PARK OR RECREATIONAL LAND: A. Applicant will apply for building permit and Special Use Tower Permit through the code enforcement official. B. Supply fifteen(15)copies of application and supporting documents to the Town Clerk at least twenty(20) days prior to the Town Board Meeting that the applicant wishes to be heard at. Applicant would pay all applicable fees twenty(20) days prior to any scheduled date. C. Notice to surrounding property owners within 500 feet of the proposed tower is required and should be supplied by applicant and proof of such issue provided by the applicant to the Town Clerk as part of the foregoing subparagraph. D. After the hearing, the Town Board makes a determination as to whether the site is viable and necessary and what conditions it would place on the tower if approved. E. The applicant would appear again before the Town Board for review and disposition of the proposal after a public hearing. F. The applicant shall provide a demolition bond prior to final approval for removal after abandonment of the tower for a period of six(6)months or other suitable documentation upon approval of the Town Board. 2. PROCEDURES FOR CONSTRUCTION OF TOWERS ON NON- MUNICIPAL OWNED PROPERTY AND/OR THE ADDITION OF ANTENNA TO AN EXISTING UNAPPROVED TOWER AND/OR STRUCTURE A. Applicant shall apply for building permit and Special Use Tower Permit through the code enforcement official. B. Supply fifteen (15)copies of application and supporting documents to the Town Clerk at least 20 days prior to the Town Board Meeting that the applicant wishes NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET,ALBANY,NY 12231 Town of Newfield, Local Law No. 4, 1998 Page 16 to be heard at. Applicant would pay all applicable fees twenty(20)days prior to any scheduled date. C. Notice to surrounding property owners within 500 feet of the proposed tower is required and should be supplied by applicant and proof to such effect provided by the applicant to the Town Clerk as part of the foregoing subparagraph. D. If the Town Board finds that the existing structure was not built in compliance with the Town of Newfield's codes and with Town approvals then the structure must be reviewed prior to any permission being issued. Further, fees for review and approval of existing structure must be paid to comply with the Town Code prior to completion of any other review. It will be necessary for applicant to pay the applicable fees that the Town sets from time-to-time. E. If the height requirements are over the listed amount, then the Town Board must review and give their approval on this proposed height. This shall be done after public notice and pubic hearing is held. F. The applicant would appear at the Town Board for review and disposition of the proposal who will after a public hearing will approve or disprove the application. G. The applicant shall provide, upon final approval, demolition a molition bond for removal after abandonment of the tower for a period of six(6)months. The amount of the Bond is to be reviewed by the Town Board. The Town Board is to receive from the applicant several estimates as to how much the proposed structure will cost to remove it. The Town Board will then set the valve of a bond not less than one and one half times the current removal valve. This demolition bond value is to be reviewed for adequacy q y ever five years. If at the r every Y eview, additional security is found to be needed then the applicant shall promptly obtain and forward to the Town Clerk's Office for filing. SECTION 10: PENALTIES A. Any person constructing or establishing a Telecommunications Facility in violation Y �olation of this law shall be subject to the penalties set forth in Section 268 of the Town Law of the State of New York and any subsequent Y su q amendments thereto. B. In the event of an unlawful construction or establishment of a Telecommunications Facility, in addition to any other remedies available to the Town, the proper authorities of the Town may institute any appropriate action or proceeding to enjoin, NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET,ALBANY,NY 12231 Town of Newfield, Local Law No. 4, 1998 Page 17 prevent, restrain, correct or abate such violation or any construction or occupancy in violation of this local Law. SECTION 11: SEVERABILITY If any clause, sentence,Article or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause,sentence, paragraph, section, Section or part thereof directly involved in the controversy in which such judgment shall have been rendered. SECTION 12: EFFECT This local law shall take effect immediately upon filing with the Secretary of Sate in accordance with Section 27 of the Municipal Home Rule Law, except that it shall be effective from the date of its service as against a person served with a copy thereof, certified by the Town Clerk, and showing the date of its passage and entry in the minutes of the Town Board. Dated: November 12, 1998 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. 3 of 19 t i of New eld of the (County)(City)(Town)(Village)of Town o was duly passed by the NewJ.cQwtlflOJiJd. onRomenthar__12 19 92-, in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officers.) I hereby certify that the local law annexed hereto,designated as local law No. of 19 of the (County)(City)(Town)(Village)of was duly passed by the on 19 ,and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval)by the and was deemed duly adopted on 19- -, (Elective Chief Executive Officer') in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the (County)(City)(Town)(Village)of was duly passed by the on 19----,and was(approved)(not approved)(repassed after (Name of Legislative Body) disapproval)by the on 19---- . Such local law was submitted (Elective Chief Executive Officer') to the people by reason of a (mandatory)(permissive) referendum,and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(special)(annual)election held on , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto,designated as local law No. of 19 of the (County)(City)(Town)(Village)of-- was duly passed by the on 19----,and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval)by the • on 19--- . Such local law was subject to (Elective Chief Executive Officer') permissive referendum and no valid petition requesting such referendum was filed as of 19---- ,in accordance with the applicable provisions of law. *Elective Chief Executive Officer means or Includes the chief executive officer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village,or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general)election held on 19----, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto,designated as local law No. of 19 of the County of State of New York, having been submitted to the electors at the General Election of November 19- -,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law,and was filially adopted in the mantle:rin:-•: .'.•. dicated in paragraph 1 , above. / �/, / L-2 J /1z2/1/�F V42 Clerk of the County legislative body,City,Town or Village Clerk or officer designated by local legislative body • (Seal) Date: (Certification to be executed by County Attorney,Corporation Counsel,Town-Attorney, Village Attorney or other authorized attorney of locality.) S FAIT OF NEW YORK COUNTY OF TOMPKINS I,the undersigned, hereby certify that the foregoing local law contains the correct text and that all propef proceedings have been had or taken for the enactment of the local law annexed hereto. Signature Title TOWN ATTORNEY County City s.of NEWFIELD Town Village Date: - (3) TOWN OF NEWFIELD LOCAL LAW NO. 1 OF THE YEAR 1998 A LOCAL LAW PROVIDING FOR A MORATORIUM ON THE OPENING AND OPERATING OF ADULT ENTERTAINMENT BUSINESSES WITHIN THE TOWN FOR A PERIOD OF ONE HUNDRED DAYS WHEREAS, pursuant to Town Law §64, the Town Board of the Town of Newfield is authorized to enact legislation to control and regulate the location of adult entertainment businesses within the Town, and WHEREAS, the Town Board is presently contemplating the enactment of an ordinance to regulate the location of adult entertainment businesses within the Town, and WHEREAS, in its effort to enact a valid and effective ordinance reflecting the views of the majority of its constituents, the Town Board wishes to conduct research, studies and public hearings on the secondary affects adult entertainment business would have on the Town of Newfield, and WHEREAS, the image of the Town of Newfield as a pleasant and attractive place to reside may be adversely affected by the presence of adult entertainment businesses in close proximity to residential land uses, churches, parks, schools, taverns and bars, and WHEREAS, the Town Board will need One Hundred (100) days time from the effective date of this moratorium to conduct such research, studies and public hearings and, if it is then so inclined, enact an ordinance to regulate the location of adult entertainment businesses within the Town, and WHEREAS, the opening and operating of an adult entertainment businesses within the Town of Newfield during the moratorium period would be detrimental to the Town of Newfield; and WHEREAS, pursuant to Municipal Home Law §20(5), a public hearing was had on the adoption of this Moratorium on April 23, 1998, to allow for discussion on this matter, and WHEREAS, this moratorium was referred to the Tompkins County Planning Department for review and comment, now, therefore, BE IT ENACTED, by the Town Board of the Town of Newfield the following: MORATORIUM Adult Entertainment Business Restriction. No adult entertainment business shall be opened or operated within the Town of Newfield for One Hundred (100) days from the enactment of this Moratorium. Definitions. 1. Adult entertainment business shall be defined as: 1.1 Adult arcades where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer persons each are used to show films, motion pictures, video cassettes, slides or other photographic reproductions, which are characterized by emphasis upon the depiction or descriptions of"specified sexual activities" or "specified anatomical areas." 1.2 Adult bookstores which have as substantial (50% or more) portion of its stock in trade and offers for sale, for any consideration, any one or more of the following: 1.2.1 Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, slides or other visual representations, which are characterized by an emphasis upon the depiction or description of"specified sexual activities" or " specified anatomical areas," and 1.2.2 Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities." 1.3 Adult cabarets, meaning any nightclub, bar, restaurant, or similar establishment, which regularly features live performances characterized by exposure of "specified anatomical areas" or by "specified sexual activities" or films, motion pictures, video cassettes, slides or other photographic reproductions characterized by an emphasis upon the description of"specified sexual activities" or specified anatomical areas." 1.4 Adult motion picture theater where, for any form of consideration, films, motion pictures, video cassettes, slides or other photographic reproductions are shown, in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the description of"specified sexual activities" or "specified anatomical areas." 1.5 Adult theater, meaning a theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live 2 performances characterized by the exposure of"specified sexual activities" or "specified anatomical areas." 1.6 Massage parlor where, for any form of consideration, massage, alcohol rub fomentation, electric of magnetic treatment or manipulation of the human body is administered, unless by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State of New York. This definition shall not be deemed to include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service. 2. Specified Sexual Activities shall be defined as: 2.1 Human genitals in a state of sexual stimulation or arousal; or 2.2 Acts of human masturbation, sexual intercourse or sodomy; or 2.3 Fondling of other erotic touching of human genitals, pubic region, buttocks or female breast. 3. Specified Anatomical Areas shall be defined as: 3.1 Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and 3.2 Human male genitals in a discernible turgid state even if completely and opaquely covered. BE IT FURTHER ENACTED, that this Local law shall take effect immediately upon filing with the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. Dated: April 9, 1998 P'.'NEWHEID ADULT.MOP { 3/1/9139.33 am — Local Law Filing NEW YORK STATE DEPARTMENT OF STATE 41 STATE STREET,ALBANY,NY 12231 (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. County City of Newfield ow Village 1 Local Law No. of the year 19 98 Alocallaw_Providing for a Moratorium on the opening and operating of adult (Inert Title) entertainment businesses within the Town for a period of one hundred days. Be it enacted by the Town Board of the (Name of LeNlative Body) County City o f Newfield as follows: own lage MORATORIUM Adult Entertainment Business Restriction. No adult entertainment businesses shall be opened or operated with the Town of Newfield for One Hundred (100) days from the enactment of this Moratorium. Definitions. 1. Adult entertainment businesses shall be defined as: 1.1 Adult arcades where, for any form of consideration, one or more motion picture projectors, slide projectors or similar machines, for viewing by five or fewer person each are used to show films, motion pictures, video cassettes, slides or other photograhic'.reproductions, - which are characterized by emphasis upon the depiction or descriptions of "specified sexual activities" or "specified 'anatomicals areas." 1.2 Adult bookstores which have as substantial (50Z or more) portion of its stock in trade and offers for sale, for any consideration, any one or more of the following: 1.2.1 Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, slides or other visual representations, which are characterized by an emphasis upon the depiction or description of "specified sexual activities." (If additional space is needed,attach pages(1 ) the same size as this sheet,and number each.) DOS-239(Rev.2/98) ` NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET,ALBANY,NY 12231 Town of Newfield, Local Law No. 1, 1998 Page 2 1.2.2 Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities." 1.3 Adult cabarets, meaning any nightclub, bar, restaurant, or similar establishment, which regularly features live performances characterized by exposure of"specified anatomical areas" or by "specified sexual activities" or films, motion pictures, video cassettes, slides or other photographic reproductions characterized by an emphasis upon the description of"specified sexual activities" or "specified anatomical areas." 1.4 Adult motion picture theater where, for any form of consideration, films, motion pictures, video cassettes, slides or other photographic reproductions are shown, in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the description of"specified sexual activities" or "specified anatomical areas." 1.5 Adult theater, meaning a theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances characterized by the exposure of"specified sexual activities" or "specified anatomical areas." 1.6 Massage parlor where, for any form of consideration, massage, alcohol rub fomentation, electric of magnetic treatment or manipulation of the human body is administered, unless by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the State of New York. This definition shall not be deemed to include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service. 2. Specified Sexual Activities shall be defined as: 2.1 Human genitals in a state of sexual stimulation or arousal; or 2.2 Acts of human masturbation, sexual intercourse or sodomy; or 2.3 Fondling of other erotic touching of human genitals, pubic region, buttocks or female breast. NEW YORK STATE DEPARTMENT OF STATE Local Law Filing 41 STATE STREET,ALBANY,NY 12231 Town of Newfield, Local Law No. 1, 1998 Page 3 3. Specified Anatomical Areas shall be defined as: 3.1 Less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola; and 3.2 Human male genitals in a discernible turgid state even if completely and opaquely covered. BE IT FURTHER ENACTED, that this Local law shall take effect immediately upon filing with the Secretary of State in accordance with Section 27 of the Municipal Home Rule Law. Dated: May 28, 1998 K.\I15r R\MPR\NEWMI D1NYSDOS2D.PC S:28 9R4 10 Pm (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which Is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto,designated as local law No. 1 of 1998 of the (County)(City)(Town)(Village)of Town of Newfield was duly passed by the Newfield Town Board on__MaY__l4 19-9A in accordance with the applicable provisions of law. (Name of Legislative Body) 2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective Chief Executive Officers.) I hereby certify that the local law annexed hereto,designated as local law No. of 19 of the(County)(City)(Town)(Village)of was duly passed by the on 19 ---,and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval)by the and was deemed duly adopted on 19----, (Elective Chief Executive Officers) in accordance with the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto,designated as local law No. of 19 of the (County)(City)(Town)(Village)of was duly passed by the on 19---- ,and was (approved)(not approved)(repassed after (Name of Legislative Body) disapproval)by the on 19---- . Such local law was submitted (Elective Chief Executive Officer') to the e P eo l by reason of a (mandatory)(permissive) referendum,and received the affirmative vote of a majority of P Y the qualified electors voting thereon at the (general)(special)(annual)election held on 19--- , in accordance with the applicable provisions of law. 4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto,designated as local law No. of 19 of the(County)(City)('Ibwn)('Village)of was duly pass ed by the on 19---- ,and was(approved)(not approved)(repassed after (Name of Legislative Body) disapproval) by the on 19--- . Such local law was subject to (Elective Chief Executive Officer") permissive referendum and no valid petition requesting such referendum was filed 9---- in ed as of accordance with the applicable provisions of law. • *Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county- wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village,or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. (2) 5. (City local law concerning Charter revision proposed by petition.) I hereby certify that the local law annexed hereto, designated as local law No. of 19 of the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of the Municipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general)election held on 19----, became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto,designated as local law No. of 19 of the County of State of New York, having been submitted to the electors at the General Election of November 19--_-,pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit- ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election,became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law,and was finally adopted in the manner in- dicated in paragraph 1 , above. ad_Ji.A? Clerk f the County legislative body,City,Town or Villge Clerk or officer designated by local legislative body (Seal) Date: June 20, 1998 (Certification to be executed by County Attorney,Corporation Counsel,lbwn Attorney, Village Attorney or other authorized attorney of locality.) STA'T'E OF NEW YORK COUNTY OF TOMPKINS I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been had or taken for the enactment of the local . annexed hereto. ignature Title TOWN ATTORNEY County Cityo of NEWFIELA Village Date: June 20, 1998 (3)